Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
in Argentina 2017
1
Contents
1.0 Investment climate
1.1 Business environment
1.2 Currency
1.3 Banking and financing
1.4 Foreign investment
1.5 Tax incentives
1.6 Exchange controls
2.0 Setting up a business
2.1 Principal forms of business entity
2.2 Regulation of business
2.3 Accounting, filing and auditing requirements
3.0 Business taxation
3.1 Overview
3.2 Residence
3.3 Taxable income and rates
3.4 Capital gains taxation
3.5 Double taxation relief
3.6 Anti-avoidance rules
3.7 Administration
3.8 Other taxes on business
4.0 Withholding taxes
4.1 Dividends
4.2 Interest
4.3 Royalties and technical service fees
4.4 Branch remittance tax
4.5 Wage tax/social security contributions
5.0 Indirect taxes
5.1 Value added tax
5.2 Capital tax
5.3 Real estate tax
5.4 Transfer tax
5.5 Stamp duty
5.6 Customs and excise duties
5.7 Environmental taxes
5.8 Other taxes
6.0 Taxes on individuals
6.1 Residence
6.2 Taxable income and rates
6.3 Inheritance and gift tax
6.4 Net wealth tax
6.5 Real property tax
6.6 Social security contributions
6.7 Other taxes
6.8 Compliance
7.0 Labor environment
7.1 Employee rights and remuneration
7.2 Wages and benefits
7.3 Termination of employment
7.4 Labor-management relations
7.5 Employment of foreigners
8.0 Deloitte International Tax Source
9.0 Contact us
1.0 Investment climate
1.1 Business environment
Argentina is comprised of 23 provinces, plus the autonomous city of Buenos Aires. The country has a
presidential system, checked by a bicameral congress (National Congress). The federal government
consists of an executive branch (president); the legislative branch (congress), which consists of the
house of representatives and the senate; and the judicial branch. Provincial-level governments are
similarly organized.
Argentina is a member of the Mercosur (Southern Common Market) trade agreement, along with
Brazil, Paraguay, Uruguay and Venezuela (with Bolivia, Chile, Colombia, Ecuador and Peru as
associate members that do not enjoy full voting rights or full access to the markets of the full
members). The agreement, which sets out the basis for a common market among the member states,
aims to promote the free movement of goods, services and people by eliminating obstacles to regional
trade. The trade of goods originating in, and proceeding from, Mercosur countries is not subject to
import duties and a common external tariff has been established for most tariff classification items.
The preferential import tariffs within Mercosur countries have helped to boost trade between the two
major partners, Argentina and Brazil. Most of Argentina’s exports are to Mercosur countries, followed
by the EU, the US and Asia. Argentina’s main imports are industrial inputs, capital goods, components
and food.
Argentina also is a member of the Latin American Integration Association (LAIA, or ALADI in Spanish),
which includes all countries in South America, as well as Mexico. LAIA aims to create a common
market for the member countries through progressive tariff reductions, and to encourage free trade.
The country is richly endowed with natural resources. The most important industries are those related
to agribusiness, food and beverages, chemicals, petrochemicals and motor vehicles. The government
has created incentive regimes to develop other areas, such as software, renewable energy,
biotechnology, biofuel production and mining.
Price controls
The government controls prices in some sectors, such as urban transport; local telephone services;
electricity, water and gas distribution at the retail level; and tolls on highways and rivers.
Intellectual property
The Transfer of Technology Law 22,426 governs agreements relating to the transfer, assignment or
licensing of technology or trademarks. The law defines technology to include patents, industrial
models and designs and any technical knowledge applicable to manufacturing a product or rendering a
service.
Law 25,859, which covers patents, also protects a patent holder by preventing third parties from using
the holder’s patented procedure. The law validates international research and technical examinations
made by certain international patent offices. Patents are granted for 20 years from the date of
publication. The owner of a patent has the right to prevent third parties from using, offering or selling
the patent without his/her consent.
The registry of trademarks at the National Trademark Registry Agency establishes the right to the
exclusive use or exploitation of a trademark for 10 years, which may be renewed indefinitely for
additional 10-year periods.
Article 17 of the Constitution protects intellectual property. Law 11,723 on Intellectual Property
provides copyright protection. Infringement of industrial property rights is a criminal offense. A foreign
licensor or its local licensee may institute legal procedures.
1.2 Currency
The currency in Argentina is the Argentine Peso (ARS).
• Tax stability for all national taxes until 31 December 2019 (when the incentive expires), meaning
there will be no tax increases during this period;
• Treatment of software design, development and production as industrial activities, so that such
activities may benefit from incentives offered to industrial companies;
• Nonrefundable tax credit of up to 70% of the employer’s social security contributions that may be
set off against federal taxes (with certain limitations);
• Sixty percent reduction of the income tax due in each fiscal year; and
Forms of entity
Requirements for an SA
The SA is the legal entity most commonly used by businesses.
Capital: Capital of at least ARS 100,000 is required. The level of an SA’s capital stock must be
appropriate for the achievement of the corporate purpose, and the Superintendency of Corporations
may request that an SA set an amount of capital higher than the minimum. If cash is paid in
consideration for the capital stock, at least 25% of the capital must be paid in at the time of
incorporation, with the remaining amount paid in within the next two years. If the consideration is
made in a form other than cash, the subscription must be fully paid in.
Shareholders: A minimum of two shareholders generally is required. The corporate law does not set
minimum or maximum amounts of capital or percentages that an individual must own in a company or
corporation to be considered a shareholder. However, in Buenos Aires City, a single shareholder is
permitted a maximum participation of around 95% of the capital stock, with the remaining 5%
required to be owned by at least one other shareholder.
Shareholders can be domestic or foreign companies, or individuals of any nationality or residence.
Shareholder liability is limited to full payment of the stock subscribed for by each shareholder.
The Civil and Commercial Code that became effective in 2015 made some changes to the companies
law, one of which is to allow the incorporation of a single shareholder SA (sociedades anónimas
unipersonales or SAU). This type of entity can be incorporated only as an SA, and is subject to
permanent government control, among other requirements.
Board of directors: For most SAs, the board may be comprised of only one director, although three
board members are required for certain corporations (i.e. where capital exceeds ARS 10 million for
SAs with a sole shareholder or if the corporation is publicly held, and in the case of public utilities).
• Conditioning contracts on the acceptance of services or supplementary purchases that are not
normally connected with such contracts;
• Refusing, without commercial reason, to fulfill orders contracted under current market conditions;
• Conditioning the sale of goods on the purchase of other goods or the use of a service, or
conditioning the provision of a service on the use of other services or the purchase of goods;
• Making a purchase or sale conditional on not using, purchasing, selling or supplying goods or
services submitted in existing market conditions;
• Suspending the provision of a dominant monopolistic service in the market to a provider of public
services or of services that are in the public interest;
• Selling or providing services at below production cost without commercial justification, to harm
competitors.
The National Antitrust Commission is responsible for ruling on monopoly issues and has broad
investigative powers. The commission can initiate investigation proceedings ex officio or at the request
of any party or entity, and may impose conditions and issue cease and desist orders as a preventive
measure at any stage of the process. The commission’s decisions are subject to judicial review.
Auditing requirements
Annual financial statements and an auditor’s opinion must be submitted. Local auditing standards are
established in a technical resolution issued by the FACPCE and are aligned with the International
Auditing Standards issued by the International Federation of Accountants (IFAC), but there are
differences. Annual statutory financial statements of public companies that are to be prepared on the
basis of IFRS must be audited by applying the full International Standards on Auditing, and interim
financial statements must be reviewed by applying the International Standards on Review
Engagements. In other cases, international standards may be used for audits, reviews, other
assurance engagements and related services.
Filing requirements
Public companies must file interim and annual financial statements with the National Securities
Commission and the Buenos Aires Stock Exchange, respectively. The quarterly and annual filings must
include consolidated and separate financial statements allowing comparison with the previous year or
period. Financial statements include the statements and supplementary information required by IFRS.
If the parent company is a public company, the financial statements of companies under the control,
joint control or significant influence of the parent company should be filed with the financial
statements of the parent company.
A “summary of financial information” must be attached to the quarterly and annual statements. This
document includes a summary of comparative financial statements (five periods), certain defined
financial ratios and general comments on the operations for the period and the business perspectives
of the board of directors. Annual filings include the board of directors’ report to the shareholders, with
an annex concerning compliance with certain corporate governance principles.
A private company must file its annual financial statements with the Corporate Inspection Department
of the relevant jurisdiction. The filing includes consolidated and separate financial statements (the
latter being those with legal status for purposes of making corporate decisions) allowing comparison
with the previous year. Financial statements include a statement of the financial position, a statement
of income, a statement of the evolution of the shareholders’ equity and a statement of cash flow, as
well as supplementary information in the form of notes and schedules, prepared on the basis of local
accounting standards (which require, in general, fewer disclosures than IFRS). In addition to filing with
the Corporate Inspection Department, banks, financial institutions and insurance companies must file
quarterly financial statements with the central bank and the National Insurance Superintendency,
respectively, in accordance with the relevant regulations.
Participation exemption No
Loss relief
Return due date 15th day of the 5th month following the fiscal year
Withholding tax
• Dividends 0%/35%
• Interest 15.05%/35%
• Royalties 12.25%/17.5%/28%/31.5%
• Branch remittance tax 0%/35% (branch profits are treated as dividends)
• Sales of shares and other securities 0%/13.5%/15%
Capital tax No
VAT 21%
3.2 Residence
A company is resident in Argentina if it is incorporated in Argentina. A branch of a foreign company
also is deemed to be tax resident.
Deductions
All expenses incurred in obtaining and preserving taxable income may be deducted. In addition to
regular business expenses, deductible items include taxes paid (except for income tax and net worth
tax), arm’s length payments made to foreign affiliates, director’s fees, employee salaries and
donations of up to a maximum of 5% of taxable income. Interest payments may be deducted unless
the thin capitalization rules apply, and the deduction of trademark and patent payments to foreign
beneficiaries is limited to 80% of the total amount paid. Other limits on certain expenses may exist
(vehicles, entertainment, etc.). All deductions are subject to review by the tax authorities.
Depreciation
Annual depreciation rates for tangible assets range from 2% to 33%, calculated on a straight-line
basis. The usual rates are 2% for buildings; 10% for machinery and equipment; and 20% for tools
and vehicles (with a cap for vehicles). Intangible assets without a definite life (such as goodwill or
brands) may not be amortized for income tax purposes.
Reserves
Reserves, except reserves for bad or doubtful debts, generally are not deductible.
Tax treaties
Argentina has a relatively small tax treaty network and its treaties do not always follow the OECD
model treaty. Treaties generally provide for relief from double taxation on all types of income, limit
the taxation by one country of companies resident in the other and protect companies resident in one
country from discriminatory taxation in the other. Argentina has exchange of information agreements
with nontreaty countries as part of the OECD/G20 BEPS initiative.
A certificate of residence (on a specific form) is required for a nonresident to obtain benefits under one
of Argentina’s tax treaties.
Canada Germany
Thin capitalization
Argentina has thin capitalization rules that operate to disallow a deduction for interest expense if a
company’s debt-to-equity ratio exceeds 2:1 and interest is paid to a controlling financial institution or,
in general, to an entity resident in a tax treaty country. The excess interest is recharacterized as a
dividend payment. Interest paid to a nontax treaty country is subject to 35% withholding tax and the
related debt is not included for the purposes of calculating the company’s debt-to-equity ratio.
BEPS
Argentina has not yet announced whether and how it will implement the 15 G20/OECD BEPS
recommended actions. Argentina is one of the countries that has signed a multilateral competent
authority agreement for the automatic exchange of financial account information and also has signed
the OECD multilateral instrument under the BEPS project.
3.7 Administration
Tax year
The tax year is the fiscal year, which may be the calendar year or another period that covers 12
consecutive months.
Consolidated returns
Argentina does not allow the filing of consolidated returns; each company must file a separate return,
and there are no provisions for relief of group losses.
Statute of limitations
The general statute of limitations is five years, counted from 1 January of the year immediately
following the year the tax return was due. Exceptionally, statute of limitations periods still running as
at 31 May 2013 are extended for an additional year (i.e. to six rather than five years). The same rules
apply for both assessment and collection purposes.
Tax authorities
At the federal level, the Federal Administration of Public Revenue (AFIP) reports to the Ministry of
Economy and Public Finance.
The AFIP is responsible for the levy and collection of federal taxes, such as the income tax, VAT,
minimum presumed income tax, personal assets tax, etc.
Taxes at the provincial level are collected and administered by the provincial revenue agencies
working under the relevant provincial ministries of economy. The main provincial taxes are gross
income tax (or turnover tax), stamp tax and real estate tax.
The municipalities raise revenue through rates and special contributions.
Rulings
Argentina does not have a ruling system, but there is a binding consultation system that requires
certain conditions to be fulfilled.
4.2 Interest
The general withholding tax on interest paid to nonresidents is 35%. However, this rate is reduced to
15.05% if:
• The interest relates to certain bonds that are registered in countries that have concluded an
investment protection agreement with Argentina; or
Withholding tax
• Dividends 0%/35%
• Interest 15.05%/35%
• Royalties 12.25%/17.5%/28%/31.5%
6.1 Residence
The following individuals generally are considered Argentine residents:
• Argentine individuals, whether native or naturalized, but excluding those who have lost
"permanent resident" status for income tax purposes either because they have acquired
permanent residence status for immigration purposes in another country or because they have
resided abroad for a continuous period of 12 months. Short trips to Argentina do not interrupt the
continuous 12-month period if, cumulatively, the trips do not exceed 90 days in a 12-month
period.
• Foreign individuals who have been granted a permanent residence visa or individuals with a
temporary visa who have remained in Argentina for more than 12 months. Temporary absences
will be disregarded to the extent they do not cumulatively exceed 90 days in a 12-month period.
(Foreign individuals with a temporary visa, as well as accompanying relatives, who are required to
remain in Argentina by reason of their employment for a period not exceeding five years are not
considered Argentine residents for tax purposes.)
• Under certain circumstances, individuals who, having lost their permanent residence in Argentina
or acquired permanent residence elsewhere, re-enter Argentina with the intention of residing there
permanently.
Rates
The personal income tax rates are progressive, ranging from 5% to 35%. In addition, professionals
working in the country for no more than six months during the year are subject to a single and final
income tax withholding of 24.5%.
6.8 Compliance
Argentina operates a self-assessment system. The tax year for individuals is the calendar year.
Each individual must file a return; joint returns are not permitted.
Individuals who derive only employment income (that does not exceed ARS 500.000 annually) are not
required to file an income tax return; instead, the employer is required to withhold tax at source,
which is considered a final tax. Individuals with other types of income must make five prepayments,
which for the 2017 tax year are payable in July, September, October and December 2017 and March
2018. Final payments of tax are made when the tax return is submitted (on an annual basis) in mid-
June of the year following the year in which the income was derived.
Foreign taxpayers are not required to file tax returns if their income tax liability is fully satisfied by tax
withheld on their income from Argentine sources.
Interest is imposed for late payments (3% monthly), plus fines ranging from 50% to 100% of the tax
omitted (reductions are available). Tax evasion is subject to higher penalties and possibly
imprisonment.
Working hours
The normal work week is eight hours per day on weekdays and five hours on Saturday, i.e. a total of
45 hours per week. The work week may not exceed 48 hours. Night shifts (between 9 pm and 6 am)
may not exceed eight hours, but this restriction does not apply to employees working a “swing” shift
(i.e. afternoon/evening shift). The schedule for employees engaged in “unhealthy” work (as
determined by the Ministry of Labor, Employment and Social Security) may not exceed six hours per
day or 36 hours per week.
Overtime is compensated at a 50% premium for work on weekdays and Saturday mornings, and a
100% premium for work after 1 pm on Saturdays and on Sundays and holidays. Overtime may not
exceed 30 hours per month or 200 hours per year.
Social benefits
Social benefits are designed to improve the quality of an employee’s life or that of his/her family (e.g.
the refunding of medical expenses). These benefits have a nonremunerative nature and, therefore, are
not subject to social security taxes, even though they are subject to income tax. They also cannot be
considered in the calculation of benefits that are remunerative in nature (e.g. annual complementary
salary, vacations, paid leave, etc.).
Accident insurance
Argentina operates an industrial accident and illness scheme that mandates compulsory insurance run
by private insurance companies, which cover workman’s compensation and work-related illnesses.
Other benefits
Employees are given an extra month of salary as an annual bonus that must be paid in two
installments in June and December. The bonus is calculated as 50% of the highest monthly salary
received in the previous six months of employment.
Paid vacation is set at 14 days annually for employees with up to five years of service, 21 days for
employees with five to 10 years of service, 28 days for employees with 10-20 years of service and 35
days for employees with more than 20 years of service.
Paid sick leave is required by law. Leave of up to three months is allowed for employees with fewer
than 10 years of service, and of up to six months for employees with more than 10 years of service.
Allowable sick leave is doubled for employees with dependents. In the event of a protracted illness, an
employee’s job must be held open for 12 months, beginning after three to six months of illness, based
• In-force and pending tax treaty withholding rates on dividends, interest and royalties;
• Indirect tax rates (VAT/GST/sales tax); and
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